Facts
The case concerns a German national, R., who was convicted in his absence by the Federal Department of Finance (DFF) on 8 May 1991 for an offense under the Banking Act. The decision was published in the Federal Gazette on 14 May 1991, as R.'s domicile was unknown. R. learned of the decision on 1 December 1992 through a notification from the Public Prosecutor's Office of the Federal Republic of Germany. On 5 January 1993, his lawyer requested rehabilitation and filed an appeal against the decision. The DFF rejected the request for rehabilitation on 10 May 1993, considering that the conditions were not met.
R. then submitted several requests to obtain rehabilitation, but the DFF maintained its position. R. then seized the Indictment Chamber of the Federal Court, which was seized of the case under art. 8 of the Administrative Procedure Act (APA).
Considerations
The Indictment Chamber examined the question of whether the DFF's decision regarding rehabilitation was subject to appeal. It considered that the DFF's decision was a decision within the meaning of art. 103 of the Debt Enforcement and Bankruptcy Act (DEBA), and that an appeal was therefore possible.
The Indictment Chamber also examined the question of the statute of limitations for the criminal action and the sentence. It considered that the statute of limitations for the criminal action had been suspended during the duration of the prison sentence that R. was serving in Germany, and that the sentence was not time-barred.
Finally, the…